The Ombudsman's final decision
Summary: We will not investigate this complaint about highway repairs costs. This is because the courts are better placed to consider the complaint.
The complaint
Mr Y complains that the Council has charged him for repairing the pavement outside his property, costing him over £300.
Mr Y has paid the amount but feels this is excessive for the work done.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information Mr Y provided and the Ombudsman’s Assessment Code.
My assessment
The Council issued a bill to Mr Y for over £300 for the repairs to the pavement outside his property in July 2022. Mr Y challenged the bill with the Council, saying that the damage had not been caused by works on his property, but said they were consistent with wear and tear on the pavement along the road.
Between September and November, Mr Y wrote to the Council saying he did not feel responsible for the damage, which the Council responded to by asking again for payment. Mr Y paid the amount, before coming to us in December 2022 at the suggestion of the Council.
Analysis Under the Highways Act 1980, the Highways Authority, in this case the Council, may “recover the expenses reasonably incurred by them in so doing from the owner of the land in question or the person causing or responsible for the damage”.
The Council says the damage was caused during work on Mr Y’s property and it therefore considers him responsible for these costs. Mr Y disagrees with this. If Mr Y disputed the Council’s view, he could have put in a defence to any recovery action the Council may have taken for these costs through the courts at the time. Mr Y may now find it difficult to challenge this as the bill has been paid. However, it is for the courts to decide what impact this would have on liability for a disputed bill.
The courts can decide liability, where the Ombudsman cannot decide such matters. It is therefore better placed to determine this complaint so we will not investigate.
Final decision
We will not investigate Mr Y’s complaint because the courts are better placed to consider this complaint.
Investigator's decision on behalf of the Ombudsman